(2001) JELR 39779 (CA)    

Court of Appeal  ·  CA/IL/118/99 ·  11 Jul 2001 ·  Nigeria
Other Citations
Adeniran v. Olagunju (2001) 17 NWLR (Pt. 741)169
MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
learned trial judge
lower court
deed of transfer
opposite vehicle inspection office
gbadeyan esq
order of specific performance
preliminary objection
trial court
amended statement of claim
leading judgment
above issues
adeseko esq
available evidence
briefs of argument
concluded agreement of sale
following issues
lead judgment
said house
submissions of the learned counsel
above exhibits shows
addresses of counsel
amended pleadings
bank vide exhibit
breach of contract
considered judgment
contract sale
court acts
documentary evidence
evidence of pw1
evidence of pw2
evidence of the appellant
honourable court
important reason
issue no.2
judgment of ibiwoye j.
kwara state high court
leave of this honourable court
part of the money
statute of fraud
such further order
time of the contract
trial judge of an equitable remedy
walter samuel nkanu onnoghen
written document

PATRICK IBE AMAIZU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ibiwoye J., of the Kwara State High Court, sitting at the Ilorin Division. The judgment was delivered on the 23rd day of September, 1998.

In the suit, the plaintiff now the respondent claimed two reliefs against the defendant now the appellant.

Pleadings were filed and duly exchanged. Both parties amended their pleadings at least once. The trial proceeded on the amended pleadings.

The claim in the amended statement of claim reads -

"(a) A declaration that the deed of transfer relating to the said house bought by the plaintiff from the defendant and lying and being at opposite Vehicle Inspection Office (behind Federal Housing Estate) Kulende, Ilorin, Kwara State, dated 11th of April, 1991, between the plaintiff and defendant is valid with legal effect.

(b) An order of specific performance against the defendant for a concluded agreement of sale on the building situate, lying and bei…

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